VZCZCXRO3840
RR RUEHHM
DE RUEHHM #0892/01 2420402
ZNR UUUUU ZZH
R 300402Z AUG 07
FM AMCONSUL HO CHI MINH CITY
TO RUEHC/SECSTATE WASHDC 3046
INFO RUEHBK/AMEMBASSY BANGKOK 0311
RUEHHI/AMEMBASSY HANOI 2156
RUEHHM/AMCONSUL HO CHI MINH CITY 3253

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000892 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR PRM AND EAP/MLS 
 
E.O. 12958: N/A 
TAGS: PREF VM
SUBJECT: SUNSET FOR THE MCCAIN AMENDMENT 
 
REF: REF A: O-I 103/07   REF B: 05 HCMC 074 
 
¶1.  This is an action request.  See paragraphs 10 and 11. 
 
¶2.  Summary:  Mission Vietnam supports the reauthorization of 
the McCain Amendment (ref A).  At the same time, the exact 
reauthorization needs to be handled carefully in order to allow 
the program to progress and eventually wind down in a manner 
that is both equitable and in keeping with clear U.S. interests. 
 We therefore propose that there should be a cutoff date for 
submitting new McCain Amendment applications of June 25, 2008. 
We chose this date because it fits with the overall Humanitarian 
Resettlement process and will allow time for all applications 
received before the cut-off date to be fully processed before 
the McCain Amendment would expire at the end of FY2009.  End 
summary. 
 
1,000 Cases Still Pending 
------------------------- 
¶3.  Mission Vietnam welcomes the possible reauthorization of the 
McCain Amendment in the FY 2008 State and Foreign Operations 
Appropriations Bill.  The reauthorization language is contained 
in Title VI, "Special Authorities" Section 634(f) and amends 
Section 594(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (enacted as division D 
of Public Law 108-447; 118 Stat. 3038) by striking 'and 2007' 
and inserting 'through 2009'.  Ref A transmitted this to Mission. 
 
¶4.  This measure would keep the McCain Amendment in effect 
through the current Humanitarian Resettlement (HR) process.  If 
this measure is not passed, the McCain Amendment will expire at 
the end of this fiscal year, ending the eligibility of more than 
1000 individuals who have applied but have not yet been 
interviewed by US Citizenship and Immigration Services (USCIS). 
About half of these are eligible for USCIS interview at the 
moment, but have not been scheduled for interview due to a lack 
of USCIS adjudicators.  Others are still waiting for their cases 
to be processed prior to reaching the point of a USCIS 
interview. 
 
¶5.  There will be no more USCIS interviews for HR applicants 
this fiscal year.  Anticipating the lapse of the McCain 
Amendment, the Humanitarian Resettlement Section (HRS) filled as 
many interview slots as possible during the last circuit ride 
with pre-HR McCain Amendment applicants.  Virtually all of these 
cases were either interviewed or could not be contacted.  HRS 
gave priority for the remaining slots to HR-HO cases with McCain 
children that were ready to interview. 
 
¶6.  The next USCIS circuit ride is planned for mid-October to 
mid-December.  HRS anticipates that the McCain Amendment will be 
lapsed at that time so is filling interview slots with cases 
that do not have McCain add-ons.  Presuming that the McCain 
Amendment is re-authorized, HRS will schedule interview slots 
for later circuit rides as normal -- generally first in, first 
out with expedited treatment for age-out cases.  This should 
take care of overhang McCain-related cases that will develop 
until the provision is reauthorized.  Processing without these 
appointment considerations is more efficient as it takes extra 
work to fill interview slots out of turn and USCIS adjudicators 
can handle 25% more cases per day if McCains are included. 
Three existing McCain cases contain members in danger of aging 
out even if the provision is reauthorized:  in January, April, 
and June of 2008 respectively. 
 
¶7.  Reauthorization of the McCain Amendment for the proposed 
period will allow all of those resettled under HR-HO to be 
joined by their single adult children.  If it is not 
reauthorized, a majority of applicants will not have that 
opportunity.  HR applications will be accepted until June 25, 
¶2008.  Mission expects that all HR applicants will have been 
adjudicated by USCIS well before the end of FY 2009 if the 
current pattern of USCIS circuit rides continues.  Thus, there 
will be no need for another reauthorization. 
 
An Efficient, Humane Sunset 
--------------------------- 
¶8.  While Mission believes reauthorizing the McCain Amendment 
through the end of FY 2009 is in the best interest of U.S. 
policy and goals, there are multiple reasons why there should be 
an earlier cut-off date for accepting new applications.  First, 
we note that the end of the HR process will coincide with the 
end of the Humanitarian Resettlement Section and its processing 
capabilities as they now exist.  Thus, HRS's ability to process 
new McCain cases after June 2008 will be sharply diminished as 
it will be focusing on closing existing cases as quickly as 
possible with a shrinking staff.  Second, as noted in Ref B, the 
GVN expects refugee processing related to the ODP categories to 
end when Humanitarian Resettlement does.  While McCain cases are 
not mentioned in the Understanding on HR between the two sides, 
they are dependent solely on one category that HR re-opened. 
 
HO CHI MIN 00000892  002 OF 002 
 
 
Third, it will become increasingly difficult to schedule 
interviews for McCain applicants as USCIS adjudicates the final 
HR applicants in early to mid-2009.  Lastly, if applications are 
accepted up to the last day of the life of the program, there 
will inevitably be a number of people whose applications cannot 
be processed before the end of the program.  While we certainly 
cannot predict in advance, there could be hundreds of cases that 
expire without ever being processed to conclusion, leaving us in 
much the same predicament as we are in today. 
 
¶9.  It would be most humane to avoid raising expectations that 
cannot be met.  Therefore Mission believes that the cutoff for 
receiving new McCain Amendment applications should coincide with 
the end of the Humanitarian Resettlement application period. 
Any other close-out date for the McCain applications would cause 
excessive confusion and hinder our own ability to plan a logical 
conclusion to the HR program.  We therefore recommend June 25, 
2008, as the date certain for ending acceptance of new McCain 
applications. 
 
Action Requests 
--------------- 
¶10.  Action requested:  Mission believes that the McCain 
Amendment should be expeditiously reauthorized for the period 
proposed and requests Department support for the 
reauthorization. 
 
¶11.  Action requested:  If the McCain Amendment is renewed, that 
the Department authorize a cutoff date for receiving new McCain 
Amendment applications that corresponds with the end of the 
Humanitarian Resettlement Process -- June 25, 2008. 
 
¶12.  This message was coordinated with Embassy Hanoi. 
FAIRFAX